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Judge: Wrongful death suit in Michelle Parker case can go forward

ORLANDO, Fla. — A wrongful death lawsuit against the suspect in Michelle Parker’s disappearance case came close to being thrown out Thursday.

Parker’s family filed the suit against Dale Smith. Parker disappeared after dropping her kids off at Smith's house in November 2011.

The defense argued Thursday that the case has been stalled since early 2017, which is grounds for dismissal under the law.

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But the family's attorney, Belvin Perry, who is also a Channel 9 legal analyst, said there’s a reason for the delay.

He wants to depose the lead investigator and have him bring all his files. The issue is that some of that information is protected.

Perry said that meant attorneys needed time to work out how the deposition could be done. He argued that they were also busy in 2017 with a case connected to this one.

That case involves Parker's mother fighting to see her grandchildren, the twins Parker had with Smith.

The judge ruled that the wrongful death case can go forward. Perry said he thinks he can have it ready for trial in the next year.